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…NO. 5 OF 1994) *********************** RULING OF THE COURT By a Notice of Motion dated 18th November, 1996 and lodged in this Court on the same day, the respondent sought to have the appellant’s appeal struck out as being…

…In the result we order that this appeal be and is hereby struck out with costs to the respondent. Dated and delivered at Nairobi this 9th day of December 1996 J. E. GICHERU ……………………. JUDGE OF APPEAL P. K.…

…It is therefore struck out with no order as to costs. Dated and delivered at Nairobi this 16th day of December 1996. A.M. AKIWUMI ……………………… JUDGE OF APPEAL A.A. LAKHA ……………………… JUDGE OF APPEAL S.E.O. BOSIRE ………………………….…

…But on December 12, 1987, the successful respondent brought this motion and prayed that the Record of Appeal be struck out and the appeal itself be dismissed with costs.…

…It was contended therefore that this appeal is incompetent and should be struck out.…

…When the appeal came up for hearing on the 13th day of November, 1997, this time with the supplementary record, the court struck the same out as the appeal was not filed in time as extended by Muli J.A; it was not possible…

…Even this application was filed within two days after the appeal was struck out. I see no tardiness on the part of the applicant. Counsel erred genuinely as I have pointed out. The authorities cited by Dr.…

…raised a preliminary objection under section 348 of the Criminal Procedure Code to the effect that the intended appeal by the appellant against conviction was incompetent, invalid and could not lie and must therefore be struck…

…out.…

…He asked for his name to be struck out from the suit with costs. 8.…